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Dzhokhar Tsarnaev Wounded So Bad, Might Not Have Lived If Not Found

After a full day of SWAT teams combing through local neighborhoods, the surviving Tsarnaev brother was finally located, injured and bloody, hiding in a boat in a Watertown backyard. (Photo courtesy: CBS News)Photos: The Capture of Dzhokhar Tsarnaev

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Boston Marathon Bombings

BOSTON (CBS) – Five days of terror in Boston ended with gunfire in a Watertown yard and now David Henneberry may need a new boat.

Henneberry, who lives on Franklin Street, went outside to have a smoke Friday evening after a “stay indoors” order was lifted in the search for Boston Marathon bombings suspect Dzhokhar Tsarnaev.

Then he saw blood on his boat.

“He realized one of the straps had been cut. At that point he noticed there was a small amount of blood, I guess, on the outside of the strap,” Henneberry’s stepson, Robert Duffy, told CBS News.

“He just grabbed his milk crate, he jumped up inside, underneath the cover that he has over the boat, the winter cover. And immediately there was blood. He looked forward, not knowing what he was actually looking at. His brain told him there was a body, but he wasn’t sure there was a body. At that point he immediately jumped down, called 911.”

“Our helicopter had actually detected the subject in the boat. We have a FLIR (forward looking infrared device) on that helicopter. It picked up the heat signal of that individual,” Massachusetts State Police Col. Timothy Alben said Friday night.

“A short time later, three Boston police officers, including the superintendent of the Boston PD, Billy Evans, two very experienced lieutenants come on that scene. A couple of state troopers, FBI agents and they look inside, they see some movement. They get on the radio and call for backup. Then, they see an object pop up and they hear shots and they exchange fire,” CBS News senior correspondent John Miller reported Saturday morning.

The FBI hostage rescue team, their most experienced SWAT team, then came in.

“They threw in flash bangs and gave him a set of instructions to come out, which he followed,” Miller said.

Tsarnaev was in rough shape. He had been shot in the neck and in the leg 20 hours earlier in a fierce gun battle with police after a carjacking and the car chase.

“He had been bleeding for a long time, Miller said, even before officers and Tsarnaev exchanged shots at the boat.

“This is a guy who was very weak at that point and probably, had he not been discovered, might not have lived,” Miller said.

Tsarnaev is now at Beth Israel Deaconess Medical Center in serious condition.

His Miranda Rights were not read to him when he was taken into custody.

“What that means is, when they question a suspect in a criminal case, you have to read them their Miranda rights and in a case where there’s exigent circumstances – public safety’s involved – you can get that stuff out of the way, right away, which is, ‘I need to know this for public safety, are there other explosives? Is there another plot to blow something up? Are there other people?’ and you can ask those questions. There is a public safety exception outside Miranda. We almost never see that,” Miller said.

“Every criminal defendant is entitled to be read Miranda rights. The public safety exception should be read narrowly. It applies only when there is a continued threat to public safety and is not an open-ended exception to the Miranda rule. Additionally, every criminal defendant has a right to be brought before a judge and to have access to counsel. We must not waiver from our tried and true justice system, even in the most difficult of times. Denial of rights is un-American and will only make it harder to obtain fair convictions,” Anthony Romero, executive director of the national ACLU, said in a statement Saturday.